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Rules of Procedure of the European Parliament
8th parliamentary term - January 2017
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CONTENTS
INDEX
USEFUL INFORMATION
COMPENDIUM OF THE MAIN LEGAL ACTS RELATED TO THE RULES OF PROCEDURE

TITLE II : LEGISLATIVE, BUDGETARY, DISCHARGE AND OTHER PROCEDURES
CHAPTER 10 : DELEGATED AND IMPLEMENTING ACTS

Rule 105 : Delegated acts

1.   When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to designate one of its members to consider one or more delegated acts.

2.   During the part-session following its reception, the President shall announce to Parliament the date on which the delegated act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on the date of reception.

The announcement shall be published in the minutes of the sitting, together with the name of the committee responsible.

3.   In accordance with the provisions of the basic legislative act and – if the committee responsible considers it appropriate to do so – after consulting any other committees concerned, the committee responsible may table a reasoned motion for a resolution objecting to the delegated act. If, 10 working days before the start of the part-session of which the Wednesday falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled such a motion for a resolution, a political group or Members reaching at least the low threshold may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

4.   Any motion for a resolution tabled in accordance with paragraph 3 shall state the reasons for Parliament's objections and may incorporate a request calling on the Commission to submit a new delegated act which takes account of Parliament's recommendations.

5.   Parliament shall approve such a motion by the deadline laid down in the basic legislative act and, in accordance with the second subparagraph of Article 290(2) of the Treaty on the Functioning of the European Union, by a majority of its component Members.

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the provisions of the basic legislative act, the committee Chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

6.   If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

-   the committee responsible shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

-   if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

-   if, within 24 hours following the announcement in Parliament, a political group or Members reaching at least the low threshold object to the recommendation, it shall be put to the vote;

-   if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

-   the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

7.   The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a motion for a resolution revoking, in full or in part, that delegation of powers or opposing the tacit extension of that delegation of powers.

In accordance with the second subparagraph of Article 290(2) of the Treaty on the Functioning of the European Union, a decision to revoke the delegation of powers shall require the votes of a majority of Parliament’s component Members.

8.   The President shall inform the Council and Commission of the positions taken under this Rule.

Last updated: 1 June 2017Legal notice